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(PDF) The Effectiveness of Law On Forest Protection
(PDF) The Effectiveness of Law On Forest Protection
January 2016
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RECENTRESEARCHES
IN
INTERDISCIPLINARY
SCIENCES
Recent Researches in
Interdisciplinary Sciences
Editors
Recep EFE
İsa CÜREBAL
Gulnara NYUSSUPOVA
Emin ATASOY
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ISBN 978-954-07-4141-3
Editors
Prof. Dr. Recep EFE Prof. Dr. Isa CÜREBAL
Balikesir University, Faculty of Arts and Balikesir University, Faculty of Arts
Sciences, Department of Geography and Sciences, Department of
Balıkesir, Turkey Geography, Balıkesir, Turkey
Prof. Dr. Gulnara NYUSSUPOVA Prof. Dr. Emin ATASOY
Al-Farabi Kazakh National University, Uludag University, Faculty of
Faculty of Geography and Natural Education, Department of Primary
Management, Department of Geography Education,
Almaty, Kazakhstan Bursa, Turkey
ii
CONTENTS
Chapter 1 ....................................................................................................................... 1
The Creation of New Municipalities and the Development of Brazilian Urban
Network during the XX. Century
João Francisco de ABREU, Tiago Cisalpino PINHEIRO
Chapter 2 ..................................................................................................................... 17
Ideas About Being a “Brand City”: Gaziantep Case
Hülya BERKMEN, Sırma TURGUT
Chapter 3 ..................................................................................................................... 29
The Poverty Phenomenon and Its Effect on Migration in Agriculture; Case
Study of Konya
Cennet OĞUZ, Hüseyin ERGUN, Mustafa KAN, Arzu KAN, Emel DEMİRÖZ,
Murat KÜÇÜKÇONGAR
Chapter 4 ..................................................................................................................... 53
Statistical Analysis of the Rural Migration Factors in Ardahan
Cengiz AKBULAK
Chapter 5 ..................................................................................................................... 71
Spatial Development of Quarter Sindiren
Ali ÇEKER
Chapter 6 ..................................................................................................................... 86
Analysis of Turkey’s Foreign Trade According to Products, Countries and
Transportation Systems
Muzaffer BAKIRCI
Chapter 7 ................................................................................................................... 100
Energy Outlooks of Some Large Economies (BRIC Countries)
Muhammed ORAL
Chapter 8 ................................................................................................................... 108
Possible Effects of Kyoto Protocol on the Energy Sector in Turkey and Place of
Turkey in the Protocol Process
Erol KAPLUHAN
Chapter 9 ................................................................................................................... 120
Cross Border Economic Cooperation between Turkey, Greece and Bulgaria;
Opportunities That Thrace Region Offers
Ahmet SERDAR
Chapter 10 ................................................................................................................. 130
Domestication of Wheat in Anatolia from the Neolithic Period to the Iron Age
Serkan DEMİREL
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Chapter 40 ................................................................................................................. 519
Migration Movements in Turgutlu District
Ahmet KAYA
Chapter 41 ................................................................................................................. 533
Mapping The Brazilian Cooperation With Developing Countries: A Spatial
Analysis
João Francisco de ABREU, Paula Barreto HADDAD
Chapter 42 ................................................................................................................. 552
Uses and Principles of User Interface Design
Çağrı Barış KASAP
Chapter 43 ................................................................................................................. 565
Responsive Logos and Icons
Begüm GÜCÜK
vi
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vii
viii
Chapter 54
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1. INTRODUCTION
As one of the most important renewable natural resource in the world and in
Turkey, the need for the protection of forests is not a recently-noticed phenomenon.
Despite this, there have been regulations and instructions on the protection and
development of forests for many years, because it is known that mankind has used
forests as a shelter in the woods and has benefitted from forests and forest products in
different ways for thousands of years. Demands of people for the forests have also
increased along with population growth and ever-changing needs having led to the
destruction and excessive use of forests.
As an important part and component of the environment, ensuring the transfer of
forests to the future generations is, of course, depends on protection of this important
natural resource. For that reason it has occurred as necessity after a period of time to
bind a utilization system in order to benefit from forests in a particular and sustainable
way. As a result, a variety of legal, administrative and criminal sanctions under national
and international law have been applied to avoid deforestation, one of the major
environmental problems.
Practicing rules of law in solution of the deforestation and other environmental
problems are common method throughout the world and it is possible to see laws for
actions damaging the environment and sanctions, if needed, to punish polluters (Güneş
and Aydın, 2004).
The rule of law and other rules of social order (religion, morality, manners, and
customs rules) are a collection of rules that are used to arrange a community to live
peacefully in a society. Rules of social order regulate relations of people living in a
society in both with each other and with the public; healthy, steady, conflict-free life is
a right and desire of every human being. That is why the need for the protection of
forests in the historical process has occurred.
1.1. A brief history
Although the history of human-forest relationship that began a long time ago, the
first legal framework has been seen in the last few centuries. For example, a law
prohibiting irregular utilization of the royal forests was adopted in the 12th century in
England. Then, a decree was issued to regulate the utilization of forests in France in the
13th century, too. After that, the first forest law was issued for the purpose of
prohibiting tree cutting, animal grazing and opening arable field in the forests in the
*
Assist. Prof. Dr., Bartın University, Faculty of Forestry, The Department of Forestry Law,
Bartın, Turkey, ggencay@bartin.edu.tr
**
Assist. Prof. Dr., Çankırı Karatekin University, Faculty of Forestry, The Department of
Forest Economics, Çankırı/Turkey, birben@karatekin.edu.tr
17th century at the time of King Louis XIV (Özdönmez et al., 1996; Günay, 2003).
It is known that there were hundreds of orders, judgments, regulations etc. for the
protection and development of forests, generally for State-owned forests, in European
forestry nearly 400-500 years ago, that included very severe punishments in case of the
arrest of criminals such as binding individual’s and feet or wrapped in straw before
throwing individuals into a fire, essentially burning half of their body (Günay, 2003).
In Turkey, the history of the practices for the protection of the environment can
also be seen in the Republic and Empire era. For example, one of the first assignments
of 7th Ottoman Sultan Mehmed the Conqueror (1432-1481) was to declare an edict
ordering the necessary measures to prevent pollution and land filling of the Golden
Horn. By this edict, at the outset, agriculture and animal husbandry were prohibited
around the Golden Horn slopes by being ordered not to graze animals there and not to
plant couch grass on the hillside and alfalfa within a league-wide strip at the Golden
Horn (Akgündüz, 2009). Similarly, once the idea that forests have social, cultural and
economic v alues emerged during the Ottoman period, State’s interest in the forest was
concentrated with the declaration of the Tanzimat Edict in 1839 (Gökşin&Aksoy, 1981).
Westernization movement starting with the Tanzimat Edict led the inspiration from
the Western and initiated regulatory activities accordingly in forestry legislation, and
Forest Regulation of 1870--the first forest-specific legislation--entered into force
(Bayraktaroğlu, 1981). The main aim of the Regulation is primarily to protect state
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forest and take them under security. However, Cibal-i Mubaha forests (Mountains in no
one’s possession) open to uncontrolled utilization of public were included in the Miri
Forest category aiming to prevent the destruction and degradation of this forest (Birben,
2009). Meaning uncontrolled, unplanned and free to use of the forests in the Ottoman
period, Cibal-i Mübaha conception has an important role in Turkish forestry and it is
one of the main reasons that almost half of Turkey’s forests are degraded today.
Throughout history, understanding of the value of the forests and its benefits have
improved and the adoption of the Republican regime’s radical reforms in all areas have
also affected field of forestry. As a result of all these developments, the first legal
regulation and the first law in the modern sense of forestry, Forest Law No. 3116 came
into force in 1937.
That Forest Law No. 3116 contains provisions on the protection of forests are as
follows;
According to the Article 15 of the Law: If it is understood that the dispersed
houses, opened fields and forest villages in or near the State Forests of which borders
are determined harm to the forests, or if it is necessary to plant new forests in a non-
forest area for the people’s and the country’s health, welfare and interest, residents
could be moved elsewhere with the decisions of the Council of Ministers.
According to the second paragraph of the Article 17; free use rights based on the
past usufruct have been canceled. With this article, the State wanted to eliminate the
people’s habit of unconditional use of forests up until that time.
In article 23 titled as Protection of forests and in the coming articles, illegal
activities and permitted conditions are regulated. The penalties to be imposed against
illegal activities are given in the article 1 03 titled as Criminal Charges and the coming
articles.
In the given general grounds of Forest Law No. 3116 of 1937, it can be seen that at
the top of the four separated purposes of the law is ‘to expand and pro tect t he for est
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resources’. In Republican era, the most basic and fundamental basis to attempt to
protect forests by laws, Forest Law No. 3116 is considered as an important starting
point for the Turkish forestry.
However, Turkish Forest Regime could be considered quite harsh compared to
other countries, and has been criticized since 1937. Because of the old law system,
many people who were used to benefiting freely from forests with few exceptions have
not satisfied with the new regulation. As a result, thereof, the number of forest criminal
cases have increased, and also cases related to possession, cadaster and property have
been added to them. However, it can be said that Turkey is among the best countries in
the sense of protecting its own forests (Ayanoğlu, 1999).
1.2. The Need for a Law on Protection of Forests
Forests are among the important indicators of a country's wealth. Today, forests
are not only used for wood raw materials but also recreation, clean air, water supply,
natural beauty, erosion control and many other benefits. It is obvious that such an
important natural resource should be designated by the rules of law in order to maintain
a strong balance between protection and benefit. The necessity of law for the protection
of forests have occurred just as the legal norms canalizing society to abide by these
rules via the legal sanctions in the rules of social order. Constitutional arrangements
come first in the rules of law, and it is followed by international conventions, laws,
decree-laws, regulations, by-laws and other lower-level legal norms. Thus, hierarchy of
legal norms is created. It is clearly seen and understood from the history of Turkish
Forestry that resorting to the legal regulations on the protection of forests arises from
the desire to curb the indiscriminate utilization of the forest.
Even in the first period of the Ottoman era, forests were considered inexhaustible
natural resources open to everyone freely. As a result of this approach, both the state
and public considered the forest as a source of income and livelihood, and benefited
negligently. That caused severe forest degradation as well as having led to decrease of
the forest resources progressively. When the negative effects of this damage were seen
in a short time, it was understood that certain rules were necessary in benefitting from
forests. Thereupon, in 1857, a French forestry committee were invited to Turkey and on
the recommendation of the French forestry committee a ‘Forest Regulations’ was
enacted in 1870. The first forestry-specific regulation in the field of forestry law was
conducted with that regulation. Hence the increasing importance of forests, new
approaches and regulations for the protection of forests have continued to be developed
and enacted. Such arrangements are being enacted at the national and international
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levels as well.
For example, today, global warming is an important issue that the whole world is
agreed on, and forests are seen as a solution to this problem or in other words as a
measure to reduce global warming. In order to improve the protection of existing forests
and forest areas various obligations assigned to the countries through international
agreements today. So, forests have been protected by national law as well as
international law.
2. MATERIALS AND METHODS
In recent years, the rules of law for the protection of forests have gained
importance both in the international and national level and dimensions. Regarding that
724
forests have an important role on the sustainable development of countries having the
chance to have those lands as well as whole world in combating climate change--no
country can confront these challenges alone. That’s why, there are many regulations
stemming from the national and international law.
In this study, first of all, the importance of forests and forest resources was
explained and then the need for forest law has been indicated and emphasized.
Following this, historical development of forest law is studied both in Turkey and in the
world, and thus existing legal source of forest law was evaluated.
The rules of law, which are supported by legal sanctions, provide social order in a
society. The legal regulations on the protection of forests also supported by the legal
and administrative arrangements consisting of the rules of law as well as legal
sanctions. For those reasons, in this study, forest legislation related directly and
indirectly to the forest law was examined and evaluated according to the hierarchy of
norms.
3. RESULTS
Forests are being threatened worldwide by uncontrolled degradation and
conversion to other types of land uses, influenced by increasing human needs. The
impacts of loss and degradation of forests are in the form of soil erosion; loss of
biological diversity, damage to wildlife habitats and degradation of watershed areas,
deterioration of the quality of life and reduction of the options for development (Desai,
2011).
To prevent those kind of losses and degradation of forests, each country has sought
to make legal arrangements according to its social needs and also takes steps to prevent
deforestation worldwide as a party to international conventions /agreements. In Turkey,
there are many legal regulations specifically aiming for the protection of forests.
In the next part of the study, first and foremost, the Constitution which is the
highest level of legal norms and other regulations in Turkey were evaluated in terms of
environmental and forest legislation.
3.1. Constitutional Provisions
Constitutions are comprised of a general legal framework of the basic dynamics of
a country, and the issues and topics in it arises from the experiences gained in the
historical process of the country’s itself and the knowledge gained from that history
(Birben and Özden, 2016). Constitutions also have different values in different legal
systems. It may be quite detailed, as in t he case of Turkey, where it is one of the main
sources of substantive forestry law (Christy et al., 2007).
Article 169 and 170 of the Constitution of the Republic of Turkey1, still in force,
are directly related to forests and forestry. In the Article 169 titled as “Forest Protection
and Development” it is obviously stated that State shall enact the necessary legislation
and take the measures required for the protection and extension of forests.
Burnt forest areas shall be reforested; other agricultural and stockbreeding
1
The Constitution was adopted by the Constituent Assembly on October 18, 1982 to be
submitted to referendum and published in the Official Gazette dated October 20, 1982 and
numbered 17844; republished in the repeating Official Gazette dated November 9, 1982 and
numbered 17863 in the aftermath of its submission to referendum on November 7, 1982
(Act No. 2709).
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... From the late 1930s onwards, the forestry sector had a high political efficacy, and the SFM has
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